Item G-1 Agenda Report — Beverly Hills City Council, November 19, 2024

AGENDA REPORT
Meeting Date: November 19, 2024
Item Number:

To: Honorable Mayor & City Council
From: Michael Forbes, Director of Community Development Nestor Otazu, Deputy Director of Rent Stabilization
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING

THE BEVERLY HILLS MUNICIPAL CODE TO REVISE THE

PROCESS PERTAINING TO THE GROUND FOR EVICTION

BASED ON A FINDING THAT A TENANT IS A DISRUPTIVE

TENANT AND FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Attachments: 1. Ordinance

2. Redline of Changes to Existing Codes

RECOMMENDATION
Staff recommends that the City Council:

1. Review and discuss the attached ordinance, give direction to staff regarding any revisions to the ordinance, and;

2. Move to waive the full reading and introduce for first reading the ordinance entitled: “AN

ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS

MUNICIPAL CODE TO REVISE THE PROCESS PERTAINING TO THE GROUND FOR

EVICTION BASED ON A FINDING THAT A TENANT IS A DISRUPTIVE TENANT AND

FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

INTRODUCTION
In 2018, the City Council amended Chapter 6 of Title 4 of the Beverly Hills Municipal Code (“BHMC”) to establish more comprehensive rent stabilization rules for the majority of rental units in the City, which are subject to that Chapter, including regulations governing just cause evictions, and also amended Chapters 5 and 6 of BHMC Title 4 (the “Rent Stabilization Ordinance”) to include G-1
Meeting Date: November 19, 2024

Page 2 of 3 ends

a new ground for eviction based on a finding that a tenant is disruptive. The ordinance establishing the disruptive tenant process states that determinations regarding whether a tenant is a disruptive tenant are to be made by a Subcommittee of the City Council appointed by the Mayor.

On May 14, 2024, the Commission Standardization Ad Hoc Committee (Vice Mayor Nazarian and Councilmember Corman) (“Committee”) discussed amending the Rent Stabilization Ordinance to change the manner by which Disruptive Tenant Applications are considered. Due to the sensitive and personal nature of the testimony and deliberations regarding a Disruptive Tenant Application, the Committee recommended that the applications be considered and decided by a hearing officer, consistent with other applications and appeals under the Rent Stabilization Ordinance, rather than by a City Council Subcommittee.

On June 18, 2024, the City Council conducted a duly noticed study session and, based upon the recommendation of the Committee, directed staff to bring forward an ordinance for consideration by the City Council to implement that change. The attached draft ordinance was prepared pursuant to that direction and is being presented to the City Council for consideration.

DISCUSSION
The proposed ordinance revises the disruptive tenant process, which is set forth in both Chapter 5 (Section 4-5-514) and Chapter 6 (Section 4-6-6 M) of the Rent Stabilization Ordinance. Other than differences in the numerical and alphabetical designations of the provisions in the two Chapters, the proposed revisions to Chapters 5 and 6 in the attached draft ordinance are identical.

The proposed ordinance amends Chapters 5 and 6 to revise the process so that hearings will be conducted by a hearing officer rather than by a City Council Subcommittee (BHMC Section 4-5- 514(A) and (B) and Section 4-6-6(M)(1). In addition to making some clarifications and procedural changes to improve the disruptive tenant process, staff is recommending additional revisions to the disruptive tenant process that are intended to clarify its provisions and make the process more objective and effective. The recommended revisions are summarized briefly below:

1. The proposed ordinance adds clarifying language and specific examples of conduct that would be grounds for finding that a tenant is disruptive to make the process more understandable and objective, including conduct causing unreasonable and excessive noise that would disturb a reasonable person with normal sensitiveness and conduct or communications that harass another tenant residing at the same property.(Paragraph A of Section 4-5-514; Subparagraph 1 of Paragraph M of Section 4-6-6.)

2. The proposed ordinance adds a requirement that if the hearing officer finds that a tenant has not been disruptive, the landlord must wait a specified time period, which is proposed in the attached ordinance as a one-year period, before filing another disruptive tenant application against that tenant. However, the hearing officer would have the authority to shorten the one-year period if the hearing officer finds that the evidence in the record supports a reasonable inference that the alleged disruptive tenant may escalate or change their conduct such that the tenant would become a disruptive tenant. (Paragraph B of Section 4-5-514; Subparagraph 2 of Paragraph M of Section 4-6-6.)

3. The proposed ordinance adds a provision stating that prior to filing a disruptive tenant application with the City, the landlord is required to offer a mediation process to the alleged disruptive tenant and to any affected tenants who reside at the same property, which will be paid for by the landlord. The mediation would be conducted by the City’s free or reduced Meeting Date: November 19, 2024

Page 3 of 3 ends

cost mediation service, or an alternate mediation service agreed to by the landlord and the alleged disruptive tenant. If the alleged disruptive tenant fails or refuses to participate in the mediation process, the landlord may proceed to file the application with the City. (Paragraphs B 1(b)-(d) and 2 of Section 4-5-514; Subparagraphs 2 a (2)-(4) and b of Paragraph M of Section 4-6-6.)

FISCAL IMPACT
Changing the method by which Disruptive Tenant Applications are considered from a City Council Subcommittee to a hearing officer would cause the City to incur the additional cost of paying for the hearing officer and continuing staff support. However, this cost would be offset by the reduction of staff time, resources, and direct costs associated with conducting a City Council Subcommittee meeting, including the preparation and distribution of agenda packets, and conducting and recording the meetings.

Michael Forbes,
Director of Community Development
Approved By
ATTACHMENT 1

ORDINANCE
-1- B07850023\3002399v3
ORDINANCE NO. 24-O-________

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE

TO REVISE THE PROCESS PERTAINING TO THE

GROUND FOR EVICTION BASED ON A FINDING

THAT A TENANT IS A DISRUPTIVE TENANT AND

FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1. In 2018, the City Council amended Chapter 6 of Title 4 of the Beverly Hills Municipal Code (“Code”) to establish more comprehensive rent stabilization rules for the majority of rental units in the City that are subject to that Chapter of the Code, including regulations governing just cause evictions, and also amended Chapters 5 and 6 of Title 4 of the Code to include a new ground for eviction if a City Council Subcommitte finds that a tenant is disruptive.

Section 2. On June 18, 2024, the City Council conducted a duly noticed study session and determined that it would be appropriate to have determinations regarding whether a tenant is a disruptive tenant be made by a hearing officer instead of by a Subcommittee of the City Council and gave direction to Staff to prepare such an ordinance for consideration by the City Council.

Section 3. This Ordinance and the proposed changes to the disruptive tenant process were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that the revisions to the disruptive tenant process, including having those determinations made by a hearing officer instead of by a Subcommittee of -2- B07850023\3002399v3
the City Council, and the adoption of this Ordinance will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This exemption is applicable because this Ordinance is merely making administrative changes to the Beverly Hills Municipal Code that revise the disruptive tenant process to clarify and expedite that process. Therefore, it can be seen with certainty that this Ordinance and the proposed revisions to the current disruptive tenant process set forth in Chapters 5 and 6 of Title 4 of the Code have no potential to cause a significant effect on the environment.

Section 4. The City’s Rent Stabilization Ordinance (RSO), which is set forth in Chapters 5 and 6 of Title 4 of the Beverly Hills Municipal Code, has been in effect since 2018.

The RSO is more protective than the provisions of the state Tenant Protection Act (Civil Code Section 1946.1) because: (1) it includes greater restrictions on annual rent increases, and (2) it includes additional limitations on evictions, including not allowing tenants to be evicted so that a landlord may remodel a rental unit that is subject to the provisions of the RSO. The RSO provides an administrative process regarding an eviction for disruptive conduct by a tenant, which is a form of nuisance. Evictions for conduct that constitutes a nuisance are allowed by both the City’s RSO and the state TPA. This ordinance only makes proposed administrative changes and clarifications to the disruptive tenant process.

Section 5. The City Council hereby repeals existing Section 4-5-514 and adopts new Section 4-5-514 of Article 5 of Chapter 5 of Title 4 of the Beverly Hills Municipal Code to read as follows:
-3- B07850023\3002399v3
4-5-514: DISRUPTIVE TENANT:

1. The tenant or the tenant’s guests or invitees repeatedly or continually disturb the peaceful and quiet enjoyment of one or more other tenants who occupy another rental unit or units in the apartment building where the tenant resides by unreasonable conduct, including, but not limited to, making or continuing, or causing to be made or continued, any loud, unnecessary, excessive, or unusual noise which unreasonably disturbs the peace and quiet or which unreasonably causes discomfort or annoyance to any reasonable person of normal sensitiveness.

2. The tenant or the tenant’s guests or invitees threaten, antagonize, harass, intimidate or bully, either in person or by use of oral, written or electronic communications, one or more other tenants who occupy another rental unit or units in the apartment building where the tenant resides by unreasonable conduct including, but not limited to, invasions of privacy, stalking, confrontations, and interference with egress or ingress to the tenant’s unit or use of common areas; and

3. The disruptive tenant does not cease the behavior when requested to do so by the other tenant(s) or by the landlord or the landlord’s representative.

B. The landlord or the landlord's representative may, at the sole option of the landlord, file an application with the City and request that a hearing officer make a determination that a tenant is a disruptive tenant, as defined in paragraph A of this section. If the hearing officer issues a final determination finding that the tenant is a disruptive tenant, then the landlord or the landlord's representative may serve the tenant with a written notice to terminate the tenancy in accordance with State law. If the hearing officer issues a final determination finding that the tenant is not a disruptive tenant, then the landlord or landlord’s representative shall not file another application with the City alleging that the tenant is disruptive within one year of the date of the issuance of the hearing officer’s determination. However, the hearing officer may shorten the one-year waiting period, if the hearing officer finds that the evidence in the record supports a reasonable inference that the alleged disruptive tenant may escalate or change his or her conduct such that the tenant would become a disruptive tenant.

1. Prior to filing an application with the City, the landlord or the landlord’s representative shall:
(a) Give the alleged disruptive tenant at least one written notice describing the disruptive conduct and requiring the tenant to discontinue the conduct. The landlord or landlord’s -4- B07850023\3002399v3
representative either shall deliver the notice to the tenant personally, send it to the tenant by certified mail, or post it on the door of the tenant's unit. A copy of this written notice and proof of service of this written notice on the tenant shall be provided to the City as part of the application in order for an application to be found to be complete. (b) Provided that the tenant does not cease the disruptive conduct within ten (10) days of the date of delivery of the notice required by subparagraph (a) above, give, by any of the methods set forth in subparagraph (a), a second written notice, on a form approved by the City, to all affected tenants, including the alleged disruptive tenant, offering to participate in mediation. Proof of service of this written notice on all affected tenants shall be provided to the City as part of the application in order for an application to be found to be complete. (c) Within thirty (30) days of the delivery of the notice referred to in subparagraph (b), each affected tenant, including the alleged disruptive tenant, shall respond in writing to the landlord or the landlord’s representative stating whether the tenant is willing to participate in mediation. Failure to respond within thirty (30) days shall be deemed to be a rejection of the offer to mediate. Any individuals wishing to participate in the mediation process may proceed to mediation. If an agreement is reached between the parties as a result of mediation, the mediator will encourage the participants to prepare, and can assist in the preparation of, a private written agreement for the parties to sign. (d) The parties shall utilize the City’s free or reduced-cost mediation service, if such service is offered by the City. If such service is not offered by the City, or if the parties agree to utilize a different mediation service, that alternative mediation service may be used instead. The landlord or the landlord’s representative shall pay any charge by the mediation service for the cost of the mediation.

2. If the parties are unable to resolve the matter, or if the alleged disruptive tenant rejects or fails to timely respond to the mediation notice or to participate in the mediation process, then the landlord or the landlord’s representative may proceed to file the application with the City and serve the alleged disruptive tenant. The landlord or the landlord’s representative shall:
(a) Serve, by any of the methods set forth in subparagraph 1(a) of this Paragraph B, the alleged disruptive tenant with a copy of the application. Proof of service of the application on the tenant shall be filed with the City concurrently with the application. The application shall be submitted either on a form supplied by the City or shall substantially comply with the requirements of the City's form.

3. The application shall set forth the name, address and unit number of the alleged disruptive tenant and shall describe specifically the tenant's conduct that the landlord or landlord’s representative contends is disruptive, the dates, times and approximate duration of the disruptive conduct, the date or dates when the landlord or landlord’s representative requested that the tenant cease the disruptive conduct, and a statement or declaration signed under penalty of perjury that the tenant has not ceased the disruptive conduct within 10 (ten) days of the date of the notice and shall include the written notices described in subparagraphs 1(a) and 1(b) of this paragraph B. The application also may include the names of any individuals who observed the tenant's conduct and may include written statements by the witnesses describing the conduct. -5- B07850023\3002399v3

4. The City shall schedule a hearing (but the hearing officer need not hold the hearing) within thirty (30) days of the filing of a complete application with the City, and the hearing shall be held not more than sixty (60) days thereafter, unless either or both of the parties request a continuance. Each party shall be entitled to request a maximum of one continuance, unless the parties all agree to the continuance, or the City determines that extraordinary circumstances justify an additional continuance. The City shall send written notice of the hearing to the landlord or the landlord’s representative and the alleged disruptive tenant, by certified mail, at least fifteen (15) days prior to the date of the hearing.

5. The hearing officer shall control the conduct of the hearing and rule on procedural requests. The hearing shall be conducted in the manner deemed by the hearing officer to be most suitable to secure the information and documentation that is necessary to render an informed decision, and to result in a fair decision without unnecessary delay. (a) At the hearing, the parties may offer any documents, testimony, written declarations, or other evidence that is relevant to the application. Any party who wishes to present written documents or arguments as part of the hearing shall submit such written materials to the City and to the other party at least five (5) business days prior to the hearing. Any party who wishes to present any written materials in response to the written materials that were provided by the other party shall submit such responsive written materials to the City and to the other party at least two (2) business days prior to the hearing. Proof of service of all written materials on the other party shall be provided to the City at least two business days prior to the hearing. Any party who submits such written materials shall bring an extra copy of such materials to the hearing for review by other individuals who attend the hearing. (b) Formal rules of evidence shall not be applicable at the hearing. However, statements by witnesses or complainants who do not attend the hearing shall be signed under penalty of perjury.
(c) There shall be no oral communication outside the hearing between the hearing officer and any party or witness. The hearing shall be recorded. (d) The hearing shall ordinarily proceed in the following manner, unless the hearing officer determines that some other order of proceedings would better facilitate the hearing:
(1) A brief presentation by or on behalf of the landlord or the landlord’s representative, including testimony by any other affected tenants and witnesses in support of the application.
(2) A brief presentation by or on behalf of the alleged disruptive tenant, including testimony by any other affected tenants and witnesses in opposition to the application. (3) A brief rebuttal by the landlord or the landlord’s representative. (4) A brief rebuttal by the alleged disruptive tenant.
(e) The hearing officer shall establish equitable time limits for presentations at a hearing, with a minimum length of ten (10) minutes each for the landlord and the alleged disruptive tenant, subject to adjustments for translation and reasonable accommodation. -6- B07850023\3002399v3
(f) The hearing officer or City staff shall maintain an official hearing record, which shall constitute the exclusive record of the decision. (g) All parties to a hearing shall have the right to seek assistance in developing their positions, preparing their statements, and presenting evidence from an attorney, tenant organization representative, landlord association representative, translator, or any other person. If the representative will be speaking on behalf of the party at the hearing, the party shall so advise the hearing officer.
(h) To prevail on the application, the landlord must carry the burden of demonstrating that the alleged disruptive tenant is a disruptive tenant, as defined in paragraph A of this section.
(i) Within thirty (30) days after the hearing record is closed, the hearing officer shall issue a written determination setting forth the hearing officer’s decision approving or denying the application, with written findings in support thereof.

6. A written notice of the decision shall be mailed by the City to the applicant and the alleged disruptive tenant by certified mail within two (2) business days of the issuance of the decision by the hearing officer. Such notice shall be accompanied by a copy of the hearing officer’s decision.

7. If the hearing officer determines that the alleged disruptive tenant is a disruptive tenant, the landlord or landlord’s representative may serve the tenant with written notice provided in accordance with State law to terminate the tenancy. The landlord is not required to pay relocation fees to the tenant. If the tenant vacates the unit in response to the notice or any subsequent final legal proceeding, the landlord may not increase the rent that will be charged for the unit above the amount that was being charged to the tenant, other than any adjustments otherwise available under this chapter.

8. Any final decision of the hearing officer is subject to judicial review pursuant to California Code of Civil Procedure section 1094.5 and must be filed in accordance with the time periods specified therein.

Section 6. The City Council hereby repeals existing Paragraph M and adopts new Paragraph M of of Section 4-6-6 of Chapter 6 of Title 4 of the Beverly Hills Municipal Code to read as follows:

M. Disruptive Tenant:

1. A landlord may bring an action to recover possession of an apartment unit if the landlord or the landlord’s representative submits an application to the City, and the City, either by a City hearing officer or by a hearing officer agreed to by the landlord and the alleged disruptive tenant (“the parties”) and approved by the City, finds that the tenant is a “disruptive tenant.” For purposes of this paragraph M, a tenant may be found to be a disruptive tenant if:
-7- B07850023\3002399v3
a. The tenant or the tenant’s guests or invitees repeatedly or continually disturb the peaceful and quiet enjoyment of one or more other tenants who occupy another rental unit or units in the apartment building where the tenant resides by unreasonable conduct including, but not limited to, making or continuing, or causing to be made or continued, any loud, unnecessary, excessive, or unusual noise which unreasonably disturbs the peace and quiet or which unreasonably causes discomfort or annoyance to any reasonable person of normal sensitiveness.

The factors which may be considered in determining whether the tenant is a disruptive tenant shall include, but are not limited to: the volume of the noise; the intensity of the noise; the duration of the noise; the time of the day or night the noise occurs, and whether the noise is recurrent, intermittent, or constant; or
b. The tenant or the tenant’s guests or invitees threaten, antagonize, harass, intimidate or bully, either in person or by use of oral, written or electronic communications, one or more other tenants who occupy another rental unit or units in the apartment building where the tenant resides by unreasonable conduct including, but not limited to, invasions of privacy, stalking, confrontations, and interference with egress or ingress to the tenant’s unit or use of common areas; and
c. The disruptive tenant does not cease the behavior when requested to do so by the other tenant(s) or by the landlord or the landlord’s representative.

2. The landlord or the landlord's representative may, at the sole option of the landlord, file an application with the City and request that a hearing officer make a determination that a tenant is a disruptive tenant, as defined in subparagraph 1 of this paragraph M. If the hearing officer issues a final determination finding that the tenant is a disruptive tenant, then the landlord or the landlord's representative may serve the tenant with a written notice to terminate the tenancy in accordance with State law. If the hearing officer issues a final determination finding that the tenant is not a disruptive tenant, then the landlord or landlord’s representative shall not file another application with the City alleging that the tenant is disruptive within one year of the date of the issuance of the hearing officer’s determination. However, the hearing officer may shorten the one-year waiting period, if the hearing officer finds that the evidence in the record supports a reasonable inference that the alleged disruptive tenant may escalate or change his or her conduct such that the tenant would become a disruptive tenant. a. Prior to filing an application with the City, the landlord or the landlord’s representative shall:
(1) Give the alleged disruptive tenant at least one written notice describing the disruptive conduct and requiring the tenant to discontinue the conduct. The landlord or landlord’s representative either shall deliver the notice to the tenant personally, send it to the tenant by certified mail, or post it on the door of the tenant's unit. A copy of this written notice and proof of service of this written notice on the tenant shall be provided to the City as part of the application in order for an application to be found to be complete. (2) Provided that the tenant does not cease the disruptive conduct within ten (10) days of the date of delivery of the notice required by subparagraph (1) above, give, by any of the methods set forth in subparagraph (1), a second written notice, on a form approved by the City, to all affected tenants, including the alleged disruptive tenant, offering to participate in -8- B07850023\3002399v3
mediation. Proof of service of this written notice on all affected tenants shall be provided to the City as part of the application in order for an application to be found to be complete. (3) Within thirty (30) days of the delivery of the notice referred to in subparagraph (2), each affected tenant, including the alleged disruptive tenant, shall respond in writing to the landlord or the landlord’s representative stating whether the tenant is willing to participate in mediation. Failure to respond within thirty (30) days shall be deemed to be a rejection of the offer to mediate. Any individuals wishing to participate in the mediation process may proceed to mediation. If an agreement is reached between the parties as a result of mediation, the mediator will encourage the participants to prepare, and can assist in the preparation of, a private written agreement for the parties to sign. (4) The parties shall utilize the City’s free or reduced-cost mediation service, if such service is offered by the City. If such service is not offered by the City, or if the parties agree to utilize a different mediation service, that alternative mediation service may be used instead. The landlord or the landlord’s representative shall pay any charge by the mediation service for the cost of the mediation.
b. If the parties are unable to resolve the matter, or if the alleged disruptive tenant rejects or fails to timely respond to the mediation notice or to participate in the mediation process, then the landlord or the landlord’s representative may proceed to file the application with the City and serve the alleged disruptive tenant. The landlord or the landlord’s representative shall:
(1) Serve, by any of the methods set forth in subparagraph a(1) of this paragraph 2, the alleged disruptive tenant with a copy of the application. Proof of service of the application on the tenant shall be filed with the City concurrently with the application. The application shall be submitted either on a form supplied by the City or shall substantially comply with the requirements of the City's form.
c. The application shall set forth the name, address and unit number of the alleged disruptive tenant and shall describe specifically the tenant's conduct that the landlord or landlord’s representative contends is disruptive, the dates, times and approximate duration of the disruptive conduct, the date or dates when the landlord or landlord’s representative requested that the tenant cease the disruptive conduct, and a statement or declaration signed under penalty of perjury that the tenant has not ceased the disruptive conduct within 10 (ten) days of the date of the notice and shall include the written notices described in subparagraphs a(1), a(2) of this paragraph 2. The application also may include the names of any individuals who observed the tenant's conduct and may include written statements by the witnesses describing the conduct. d. The City shall schedule a hearing (but the hearing officer need not hold the hearing) within thirty (30) days of the filing of a complete application with the City, and the hearing shall be held not more than sixty (60) days thereafter, unless either or both of the parties request a continuance. Each party shall be entitled to request a maximum of one continuance, unless the parties all agree to the continuance or the City determines that extraordinary circumstances justify an additional continuance. The City shall send written notice of the hearing to the landlord or the landlord’s representative and the alleged disruptive tenant, by certified mail, at least fifteen (15) days prior to the date of the hearing. -9- B07850023\3002399v3
e. The hearing officer shall control the conduct of the hearing and rule on procedural requests. The hearing shall be conducted in the manner deemed by the hearing officer to be most suitable to secure the information and documentation that is necessary to render an informed decision, and to result in a fair decision without unnecessary delay. (1) At the hearing, the parties may offer any documents, testimony, written declarations, or other evidence that is relevant to the application. Any party who wishes to present written documents or arguments as part of the hearing shall submit such written materials to the City and to the other party at least five (5) business days prior to the hearing. Any party who wishes to present any written materials in response to the written materials that were provided by the other party shall submit such responsive written materials to the City and to the other party at least two (2) business days prior to the hearing. Proof of service of all written materials on the other party shall be provided to the City at least two business days prior to the hearing. Any party who submits such written materials shall bring an extra copy of such materials to the hearing for review by other individuals who attend the hearing. (2) Formal rules of evidence shall not be applicable at the hearing. However, statements by witnesses or complainants who do not attend the hearing shall be signed under penalty of perjury.
(3) There shall be no oral communication outside the hearing between the hearing officer and any party or witness. The hearing shall be recorded. (4) The hearing shall ordinarily proceed in the following manner, unless the hearing officer determines that some other order of proceedings would better facilitate the hearing:
(A) A brief presentation by or on behalf of the landlord or the landlord’s representative, including testimony by any other affected tenants and witnesses in support of the application.
(B) A brief presentation by or on behalf of the alleged disruptive tenant, including testimony by any other affected tenants and witnesses in opposition to the application. (C) A brief rebuttal by the landlord or the landlord’s representative. (D) A brief rebuttal by the alleged disruptive tenant.
(5) The hearing officer shall establish equitable time limits for presentations at a hearing, with a minimum length of ten (10) minutes each for the landlord and the alleged disruptive tenant, subject to adjustments for translation and reasonable accommodation. (6) The hearing officer or City staff shall maintain an official hearing record, which shall constitute the exclusive record of the decision. (7) All parties to a hearing shall have the right to seek assistance in developing their positions, preparing their statements, and presenting evidence from an attorney, tenant organization representative, landlord association representative, translator, or any other person. If the representative will be speaking on behalf of the party at the hearing, the party shall so advise the hearing officer.
-10- B07850023\3002399v3
(8) To prevail on the application, the landlord must carry the burden of demonstrating that the alleged disruptive tenant is a disruptive tenant, as defined in subparagraph 1 of this paragraph M.
(9) Within thirty (30) days after the hearing record is closed, the hearing officer shall issue a written determination setting forth the hearing officer’s decision approving or denying the application, with written findings in support thereof. f. A written notice of the decision shall be mailed by the City to the applicant and the alleged disruptive tenant by certified mail within two (2) business days of the issuance of the decision by the hearing officer. Such notice shall be accompanied by a copy of the hearing officer’s decision.
g. If the hearing officer determines that the alleged disruptive tenant is a disruptive tenant, the landlord or landlord’s representative may serve the tenant with written notice provided in accordance with State law to terminate the tenancy. The landlord is not required to pay relocation fees to the tenant. If the tenant vacates the unit in response to the notice or any subsequent final legal proceeding, the landlord may not increase the rent that will be charged for the unit above the amount that was being charged to the tenant, other than any adjustments otherwise available under this chapter.
h. Any final decision of the hearing officer is subject to judicial review pursuant to California Code of Civil Procedure section 1094.5 and must be filed in accordance with the time periods specified therein.

Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the prior provisions of Section 4-5-514 and Paragraph M of Section 4-6-6 of the Municipal Code that were amended by this Ordinance shall be reinstated.

Section 8. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. -11- B07850023\3002399v3
Section 9. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
ATTACHMENT 2

REDLINE OF CHANGES TO EXISTING CODES
B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
CHAPTER 5
4-5-514: DISRUPTIVE TENANT:

A. A landlord may bring an action to recover possession of an apartment unit if the landlord or the landlord’s representative submits an application to the City, and the City, either by a City hearing officer or by a hearing officer agreed to by the landlord and the alleged disruptive tenant (“the parties”) and approved by the City, finds that the tenant is a “disruptive tenant.” For purposes of this Section 4-5-514, a tenant may be found to be a disruptive tenant if:
1). The tenant or the tenant’s guests or invitees repeatedly or continually disturbsdisturb the peaceful and quiet enjoyment of one or more other tenants who occupy otheranother rental unit or units in the apartment building where the tenant resides or 2) antagonizes, intimidates or bulliesby unreasonable conduct, including, but not limited to, making or continuing, or causing to be made or continued, any loud, unnecessary, excessive, or unusual noise which unreasonably disturbs the peace and quiet or which unreasonably causes discomfort or annoyance to any reasonable person of normal sensitiveness.

2. The tenant or the tenant’s guests or invitees threaten, antagonize, harass, intimidate or bully, either in person or by use of oral, written or electronic communications, one or more other tenants who reside at thatoccupy another rental unit or units in the apartment building ("disruptivewhere the tenant") and the resides by unreasonable conduct including, but not limited to, invasions of privacy, stalking, confrontations, and interference with egress or ingress to the tenant’s unit or use of common areas; and

3. The disruptive tenant does not cease the behavior when requested to do so by the other tenant(s) or by the property ownerlandlord or manager of the premiseslandlord’s representative.

B. The landlord or the landlord's representative may, at the sole option of the landlord, file an application with the City and request that a subcommittee of the City Councilhearing officer make a determination that a tenant is a disruptive tenant, as defined in subsectionparagraph A of this section. If the subcommittee determineshearing officer issues a final determination finding that the tenant is a disruptive tenant, then the landlord or the landlord's representative may serve the tenant with a written notice to terminate the tenancy in accordance with State law. If the hearing officer issues a final determination finding that the tenant is not a disruptive tenant, then the landlord or landlord’s representative shall not file another application with the City alleging that the tenant is disruptive within one year of the date of the issuance of the hearing officer’s determination. However, the hearing officer may shorten the one-year waiting period, if the hearing officer finds that the evidence in the record supports a B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
reasonable inference that the alleged disruptive tenant may escalate or change his or her conduct such that the tenant would become a disruptive tenant.

1. The subcommittee of the City Council shall be composed of two (2) members of the City Council. Council members shall be appointed by the Mayor and serve on the subcommittee for a two (2) month term. At the end of the term the Mayor may reappoint one or both Council members or may appoint new Council members to the subcommittee. 1. Prior to filing an application with the City, the landlord or the landlord’s representative shall:

2. If a landlord or the landlord's representative files an application with the City's rent stabilization program for the subcommittee to make a determination whether a tenant is a disruptive tenant whose tenancy can be terminated with notice, the landlord first shall have given the
(a) Give the alleged disruptive tenant at least one written notice describing the disruptive conduct and requiring the tenant to discontinue the conduct. The landlord or landlord’s representative either shall deliver the notice to the tenant personally, send it to the tenant by certified mail, or shall post it on the door of the tenant's unit. Prior to filing the application with the City's rent stabilization program, the landlord also shall have served the tenant with a copy of the application either by personally delivering the application to the tenant or by posting the application on the door of the tenant's unitA copy of this written notice and proof of service of this written notice on the tenant shall be provided to the City as part of the application in order for an application to be found to be complete. (b) Provided that the tenant does not cease the disruptive conduct within ten (10) days of the date of delivery of the notice required by subparagraph (a) above, give, by any of the methods set forth in subparagraph (a), a second written notice, on a form approved by the City, to all affected tenants, including the alleged disruptive tenant, offering to participate in mediation. Proof of service of this written notice on all affected tenants shall be provided to the City as part of the application in order for an application to be found to be complete. (c) Within thirty (30) days of the delivery of the notice referred to in subparagraph (b), each affected tenant, including the alleged disruptive tenant, shall respond in writing to the landlord or the landlord’s representative stating whether the tenant is willing to participate in mediation. Failure to respond within thirty (30) days shall be deemed to be a rejection of the offer to mediate. Any individuals wishing to participate in the mediation process may proceed to mediation. If an agreement is reached between the parties as a result of mediation, the mediator will encourage the participants to prepare, and can assist in the preparation of, a private written agreement for the parties to sign. (d) The parties shall utilize the City’s free or reduced-cost mediation service, if such service is offered by the City. If such service is not offered by the City, or if the parties agree to utilize a different mediation service, that alternative mediation service may be used instead. The landlord or the landlord’s representative shall pay any charge by the mediation service for the cost of the mediation.

B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1

3. The application shall set forth the name, address and unit number of the alleged disruptive tenant and shall describe specifically the tenant's conduct that the landlord or landlord’s representative contends is disruptive, the dates when, times and approximate duration of the disruptive conduct described in the application occurred, and the date or dates when the landlord or landlord’s representative requested that the tenant cease the disruptive conduct, includingand a statement or declaration signed under penalty of perjury that the tenant has not ceased the disruptive conduct within 10 (ten) days of the date of the notice and shall include the written noticenotices described in subsection B2subparagraphs 1(a) and 1(b) of this sectionparagraph B. The application also may include the names of any individuals who observed the tenant's conduct and may include written statements by the witnesses describing the conduct.

4. The City shall schedule a hearing (but the hearing officer need not hold the hearing) within tenthirty (1030) days of the filing of a complete application with the City. If one or both members of the subcommittee is/are not available to attend a hearing on an application filed pursuant to this section, the rent stabilization program shall contact other members of the City Council to determine if another Council member is available to attend the hearing. The rent stabilization program, and the hearing shall be held not more than sixty (60) days thereafter, unless either or both of the parties request a continuance. Each party shall be entitled to request a maximum of one continuance, unless the parties all agree to the continuance, or the City determines that extraordinary circumstances justify an additional continuance. The City shall send written notice of the hearing to the landlord or the landlord’s representative and the affectedalleged disruptive tenant, by certified mail, at least fifteen (15) days prior to the date of the hearing.

5. The subcommitteehearing officer shall control the conduct of the hearing and rule on procedural requests. The hearing shall be conducted in the manner deemed by the subcommitteehearing officer to be most suitable to secure the information and documentation that is necessary to render an informed decision, and to result in a fair decision without unnecessary delay.
(a.) At the hearing, the parties may offer any documents, testimony, written declarations, or other evidence that is relevant to the application. Any party who wishes to present written documents or arguments as part of the hearing shall submit such written materials to the City and to the other party at least five (5) business days prior to the hearing. Any party who wishes to present any written materials in response to the written materials that were provided by the other party shall submit such responsive written materials to the City and to the B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
other party at least two (2) business days prior to the hearing. Proof of service of all written materials on the other party shall be provided to the City at least two business days prior to the hearing. Any party who submits such written materials shall bring an extra copy of such materials to the hearing for review by other individuals who attend the hearing. (b) Formal rules of evidence shall not be applicable to such proceedings. bat the hearing. However, statements by witnesses or complainants who do not attend the hearing shall be signed under penalty of perjury.
(c) There shall be no oral communication outside the hearing between the members of the subcommitteehearing officer and any party or witness, or the substance of such communication shall be disclosed at the beginning of the hearing. All discussion during the. The hearing shall be recorded.
c. (d) The hearing shall ordinarily proceed in the following manner, unless the subcommitteehearing officer determines that some other order of proceedings would better facilitate the hearing:
(1) A brief presentation by or on behalf of landlordthe landlord or the landlord’s representative, including testimony by any other affected partiestenants and witnesses in support of the application.
(2) A brief presentation by or on behalf of the alleged disruptive tenant, including testimony by any other affected partiestenants and witnesses in opposition to the application.
(3) A brief rebuttal by the landlord.
d or the landlord’s representative.
(4) A brief rebuttal by the alleged disruptive tenant.
(e) The subcommittee hearing officer shall establish equitable time limits for presentations at a hearing, with a minimum length of ten (10) minutes each for the landlord and the alleged disruptive tenant, subject to adjustments for translation and reasonable accommodation.
e. (f) The hearing officer or City staff shall maintain an official hearing record, which shall constitute the exclusive record of the decision.
f. (g) All parties to a hearing shall have the right to seek assistance in developing their positions, preparing their statements, and presenting evidence from an attorney, tenant organization representative, landlord association representative, translator, or any other person. If the representative will be speaking on behalf of the party at the hearing, the party shall so advise the subcommitteehearing officer.
g. (h) To prevail on the application, the landlord must carry the burden of demonstrating that the alleged disruptive tenant has beenis a disruptive tenant, as defined in subsectionparagraph A of this section.

B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
h. Two (2) votes are required to approve an application. The vote shall be taken after the conclusion of the presentations by the landlord and the tenant and any deliberations by the members of the subcommittee. If two (2) votes are not cast in favor of approving the application, the application is deemed to be denied. (i.) Within fivethirty (530) business days after the hearing record is closed, the subcommitteehearing officer shall reconvene and issue a written determination setting forth its the hearing officer’s decision approving or denying the application, with written findings in support thereof.

6. A written notice of the decision shall be mailed by the City to the applicant and the affectedalleged disruptive tenant by certified mail within two (2) business days of the issuance of the decision by the subcommitteehearing officer. Such notice shall be accompanied by a copy of the hearing officer’s decision.

7. If the subcommitteehearing officer determines that the alleged disruptive tenant is a disruptive tenant, the landlord or landlord’s representative may serve the tenant with written notice provided in accordance with State law to terminate the tenancy. The landlord is not required to pay relocation fees to the tenant. WhenIf the disruptive tenant vacates the unit in response to the notice or any subsequent final legal proceeding, the landlord may not increase the rent that will be charged for the unit above the amount that was being charged to the disruptive tenant, other than any adjustments otherwise available under this chapter.

8. Any final decision of the subcommitteehearing officer is subject to judicial review pursuant to California Code of Civil Procedure section 1094.5 and must be filed in accordance with the time periods specified therein.

CHAPTER 6
M. Disruptive Tenant:

1. A landlord may bring an action to recover possession of an apartment unit if the landlord or the landlord’s representative submits an application to the City, and the City, either by a City hearing officer or by a hearing officer agreed to by the landlord and the alleged disruptive tenant (“the parties”) and approved by the City, finds that the tenant is a “disruptive tenant.” For purposes of this paragraph M, a tenant may be found to be a disruptive tenant if:
a). The tenant or the tenant’s guests or invitees repeatedly or continually disturbsdisturb the peaceful and quiet enjoyment of one or more other tenants who occupy otheranother rental unit or units in the apartment building where the tenant resides or b) antagonizes, intimidates or bulliesby unreasonable conduct including, but not limited to, making or continuing, or causing to be made or continued, any loud, unnecessary, excessive, or unusual noise which unreasonably disturbs the peace and quiet or which unreasonably causes discomfort or annoyance to any reasonable person of normal sensitiveness.

B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
The factors which may be considered in determining whether the tenant is a disruptive tenant shall include, but are not limited to: the volume of the noise; the intensity of the noise; the duration of the noise; the time of the day or night the noise occurs, and whether the noise is recurrent, intermittent, or constant; or
b. The tenant or the tenant’s guests or invitees threaten, antagonize, harass, intimidate or bully, either in person or by use of oral, written or electronic communications, one or more other tenants who reside at thatoccupy another rental unit or units in the apartment building ("disruptivewhere the tenant") and the resides by unreasonable conduct including, but not limited to, invasions of privacy, stalking, confrontations, and interference with egress or ingress to the tenant’s unit or use of common areas; and
c. The disruptive tenant does not cease the behavior when requested to do so by the other tenant(s) or by the property ownerlandlord or manager of the premiseslandlord’s representative.

2. The landlord or the landlord's representative may, at the sole option of the landlord, file an application with the City and request that a subcommittee of the City Councilhearing officer make a determination that a tenant is a disruptive tenant, as defined in subsection Msubparagraph 1 of this sectionparagraph M. If the subcommittee determineshearing officer issues a final determination finding that the tenant is a disruptive tenant, then the landlord or the landlord's representative may serve the tenant with a written notice to terminate the tenancy in accordance with State law. If the hearing officer issues a final determination finding that the tenant is not a disruptive tenant, then the landlord or landlord’s representative shall not file another application with the City alleging that the tenant is disruptive within one year of the date of the issuance of the hearing officer’s determination. However, the hearing officer may shorten the one-year waiting period, if the hearing officer finds that the evidence in the record supports a reasonable inference that the alleged disruptive tenant may escalate or change his or her conduct such that the tenant would become a disruptive tenant. a. The subcommittee of the City Council shall be composed of two (2) members of the City Council. Council members shall be appointed by the Mayor and serve on the subcommittee for a two (2) month term. At the end of the term the Mayor may reappoint one or both Council members or may appoint new Council members to the subcommittee.
b. If a landlord or the landlord's representative files an application with the City's rent stabilization program for the subcommittee to make a determination whether a tenant is a disruptive tenant whose tenancy can be terminated with notice, the landlord first shall have given
a. Prior to filing an application with the City, the landlord or the landlord’s representative shall:
(1) Give the alleged disruptive tenant at least one written notice describing the disruptive conduct and requiring the tenant to discontinue the conduct. The landlord or landlord’s representative either shall deliver the notice to the tenant personally, send it to the tenant by certified mail, or shall post it on the door of the tenant's unit. Prior to filing the application B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
with the City's rent stabilization program, the landlord also shall have served the tenant with a copy of the application either by personally delivering the application to the tenant or by posting the application on the door of the tenant's unitA copy of this written notice and proof of service of this written notice on the tenant shall be provided to the City as part of the application in order for an application to be found to be complete. (2) Provided that the tenant does not cease the disruptive conduct within ten (10) days of the date of delivery of the notice required by subparagraph (1) above, give, by any of the methods set forth in subparagraph (1), a second written notice, on a form approved by the City, to all affected tenants, including the alleged disruptive tenant, offering to participate in mediation. Proof of service of this written notice on all affected tenants shall be provided to the City as part of the application in order for an application to be found to be complete. (3) Within thirty (30) days of the delivery of the notice referred to in subparagraph (2), each affected tenant, including the alleged disruptive tenant, shall respond in writing to the landlord or the landlord’s representative stating whether the tenant is willing to participate in mediation. Failure to respond within thirty (30) days shall be deemed to be a rejection of the offer to mediate. Any individuals wishing to participate in the mediation process may proceed to mediation. If an agreement is reached between the parties as a result of mediation, the mediator will encourage the participants to prepare, and can assist in the preparation of, a private written agreement for the parties to sign. (4) The parties shall utilize the City’s free or reduced-cost mediation service, if such service is offered by the City. If such service is not offered by the City, or if the parties agree to utilize a different mediation service, that alternative mediation service may be used instead. The landlord or the landlord’s representative shall pay any charge by the mediation service for the cost of the mediation.
b. If the parties are unable to resolve the matter, or if the alleged disruptive tenant rejects or fails to timely respond to the mediation notice or to participate in the mediation process, then the landlord or the landlord’s representative may proceed to file the application with the City and serve the alleged disruptive tenant. The landlord or the landlord’s representative shall:
(1) Serve, by any of the methods set forth in subparagraph a(1) of this paragraph 2, the alleged disruptive tenant with a copy of the application. Proof of service of the application on the tenant shall be filed with the City concurrently with the application. The application shall be submitted either on a form supplied by the City or shall substantially comply with the requirements of the City's form.
c. The application shall set forth the name, address and unit number of the alleged disruptive tenant and shall describe specifically the tenant's conduct that the landlord or landlord’s representative contends is disruptive, the dates when, times and approximate duration of the disruptive conduct described in the application occurred, and the date or dates when the landlord or landlord’s representative requested that the tenant cease the disruptive conduct, includingand a statement or declaration signed under penalty of perjury that the tenant has not ceased the disruptive conduct within 10 (ten) days of the date of the notice and shall include the written noticenotices described in subsection Msubparagraphs a(1), a(2b) of this sectionparagraph 2. The application also may include the names of any individuals who B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
observed the tenant's conduct and may include written statements by the witnesses describing the conduct.
d. The City shall schedule a hearing (but the hearing officer need not hold the hearing) within tenthirty (1030) days of the filing of a complete application with the City. If one or both members of the subcommittee is/are not available to attend a hearing on an application filed pursuant to this section, the City rent stabilization program shall contact other members of the City Council to determine if another Council member is available to attend the hearing, and the hearing shall be held not more than sixty (60) days thereafter, unless either or both of the parties request a continuance. Each party shall be entitled to request a maximum of one continuance, unless the parties all agree to the continuance or the City determines that extraordinary circumstances justify an additional continuance. The City rent stabilization program shall send written notice of the hearing to the landlord or the landlord’s representative and the affectedalleged disruptive tenant, by certified mail, at least fifteen (15) days prior to the date of the hearing.
e. The subcommitteehearing officer shall control the conduct of the hearing and rule on procedural requests. The hearing shall be conducted in the manner deemed by the subcommitteehearing officer to be most suitable to secure the information and documentation that is necessary to render an informed decision, and to result in a fair decision without unnecessary delay.
(1) At the hearing, the parties may offer any documents, testimony, written declarations, or other evidence that is relevant to the application. Any party who wishes to present written documents or arguments as part of the hearing shall submit such written materials to the City and to the other party at least five (5) business days prior to the hearing. Any party who wishes to present any written materials in response to the written materials that were provided by the other party shall submit such responsive written materials to the City and to the other party at least two (2) business days prior to the hearing. Proof of service of all written materials on the other party shall be provided to the City at least two business days prior to the hearing. Any party who submits such written materials shall bring an extra copy of such materials to the hearing for review by other individuals who attend the hearing. (2) Formal rules of evidence shall not be applicable to such proceedingsat the hearing. However, statements by witnesses or complainants who do not attend the hearing shall be signed under penalty of perjury.
(23) There shall be no oral communication outside the hearing between the members of the subcommitteehearing officer and any party or witness, or the substance of such communication shall be disclosed at the beginning of the hearing. All discussion during the. The hearing shall be recorded.
(34) The hearing shall ordinarily proceed in the following manner, unless the subcommitteehearing officer determines that some other order of proceedings would better facilitate the hearing:

B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
(A) A brief presentation by or on behalf of landlordthe landlord or the landlord’s representative, including testimony by any other affected partiestenants and witnesses in support of the application.
(B) A brief presentation by or on behalf of the alleged disruptive tenant, including testimony by any other affected partiestenants and witnesses in opposition to the application.
(C) A brief rebuttal by the landlord or the landlord’s representative. (D) A brief rebuttal by the alleged disruptive tenant.
(45) The subcommittee hearing officer shall establish equitable time limits for presentations at a hearing, with a minimum length of ten (10) minutes each for the landlord and the alleged disruptive tenant, subject to adjustments for translation and reasonable accommodation.
(56) The hearing officer or City staff shall maintain an official hearing record, which shall constitute the exclusive record of the decision. (67) All parties to a hearing shall have the right to seek assistance in developing their positions, preparing their statements, and presenting evidence from an attorney, tenant organization representative, landlord association representative, translator, or any other person. If the representative will be speaking on behalf of the party at the hearing, the party shall so advise the subcommitteehearing officer.
(7 (8) To prevail on the application, the landlord must carry the burden of demonstrating that the alleged disruptive tenant has beenis a disruptive tenant, as defined in subsection Msubparagraph 1 of this sectionparagraph M.
(8) Two (2) votes are required to approve an application. The vote shall be taken after the conclusion of the presentations by the landlord and the tenant and any deliberations by the members of the subcommittee. If two (2) votes are not cast in favor of approving the application, the application is deemed to be denied. (9) Within fivethirty (530) business days after the hearing record is closed, the subcommitteehearing officer shall reconvene and issue a written determination setting forth its the hearing officer’s decision approving or denying the application, with written findings in support thereof.
f. A written notice of the decision shall be mailed by the City to the applicant and the affectedalleged disruptive tenant by certified mail within two (2) business days of the issuance of the decision by the subcommitteehearing officer. Such notice shall be accompanied by a copy of the hearing officer’s decision.
g. If the subcommitteehearing officer determines that the alleged disruptive tenant is a disruptive tenant, the landlord or landlord’s representative may serve the tenant with written notice provided in accordance with State law to terminate the tenancy. The landlord is not B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
required to pay relocation fees to the tenant. WhenIf the disruptive tenant vacates the unit in response to the notice or any subsequent final legal proceeding, the landlord may not increase the rent that will be charged for the unit above the amount that was being charged to the disruptive tenant, other than any adjustments otherwise available under this chapter. h. Any final decision of the subcommitteehearing officer is subject to judicial review pursuant to California Code of Civil Procedure section 1094.5 and must be filed in accordance with the time periods specified therein.

B0785-0023\3023524v1.doc
Redline - Old: 3023320.1, New: 3023328.1
Document comparison by Workshare 10.0 on Thursday, October 3, 2024 11:24:17 AM
Input:

Document 1 ID iManage://RWGDM1/RWGIMAN1/3023320/1
Description #3023320v1<RWGIMAN1> - current version of the Municipal Code regarding the disruptive tenant process
Document 2 ID iManage://RWGDM1/RWGIMAN1/3023328/1
Description #3023328v1<RWGIMAN1> - New proposed version of the disruptive tenant process
Rendering set Standard
Legend:

Insertion
Deletion
Moved from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:

Count
Insertions 194
Deletions 135
Moved from 6
Moved to 6
Style changes 0
Format changes 0
Total changes 341

Beverly Hills City CouncilNovember 19, 2024

Beverly Hills City Council
November 19, 2024